Application Of Exclusionary Rule Of Illegal Evidence In Investigation

In 2012, the exclusionary rules was added into the re-amended criminal procedure law.It is a significant issue to adopt the exclusionary rules, which fundamentally prevent the illegal a ctivies in the procedure and maintain the justice.Advance the time of illegal evidence exclusion to the investigation phase is worth paying attention.Illegal evidence exclusion rule construction using in the investigation phase is a new initiative and a system to standardize the behavior of the judicial investigation organ and its subordinate personnel.The article briefly introduce Zhaozuohai case and litigation,and analysis to this case.It explained the concept of illegal evidence elimination rule and meaning, and pointed out that the existing problems of using the illegal evidence exclusion rule in the investigation stage.The specific content includes:Legal terminology fuzzy, difficult to define;Program is missing;Lack of relief way;Absence of related supporting system.By combining the criminal procedure law(revised) and exclusionary rules which provided by supreme people’s court and supreme people’s procurator ate of our country, the main point of this thesis is to analyze the current legislation situation of exclusionary rules, and apply some illegal evidence exclusion rules measures,included video recording of the whole system, the establishment of the citizens’ rights guarantee mechanism,the establishment of a long-term prevention mechanism,improvement of the system of punishment to illegal forensic.